g
becomes more consultative: if not exactly advising the bank in terms of what they should do, then nurturing them in the right direction with reference to the best practices that we see elsewhere and demonstrating how standardisation is to their benefit.’ With the demands of Islamic banking added, what started as quite straightforward products can become ‘fairly tortuous’, said Padmanabhan, where there is ‘a whole lot of uncertainty with complying and a lot of risk with not complying’. Non-compliance not only carries a high degree of reputational risk, but also a major threat for any institution of ‘being shut out of all business’. There is ‘a certain sense of fear, uncertainty and doubt about that’. Fundamental to the whole Islamic finance concept, he believes, is good risk management. As there is no clearly articulated interest rate that prevents an institution from having to take part in the risks of the counterparty, the understanding of the risks of that counterparty is extremely important. But, said Padmanabhan, ‘in some sense, Islamic finance was built for a cosier time when the banks and the counterparties knew each other really well’. Here, ‘the character of the counterparty was more important than collateral’. Over the last few years, with the increase in uptake of Islamic finance and the commercial imperative driving some decisions, it is not just local banks that are involved, but also multi-nationals. Generally, it is not possible any more to know each and every client personally. In terms of Know Your Customer (KYC) and counterparty risk, ‘if we want to stick with Shari’ah compliance we will have to use technology because it is the only way to circumvent that uncertainty’.
The debate about what constitutes a truly complaint Shari’ah banking product is not only to do with interpretations but also about roots and structure. Does a system need to have this form of banking set out at the initial design stage or is it adequate to tailor an existing conventional one? Emotions can run high and there are a couple of suppliers that seek to take the high ground. The most vocal of these has been Kuwait-based Path Solutions. It sought to institutionalise this when it gained certification from AAOIFI for its iMAL offering, the first core system supplier to achieve this. In fact, the whole accreditation process became more muddled still during 2013. Path, after a couple of years of being able to boast the AAOIFI stamp of approval, saw this withdrawn in September 2013. It followed the setting up of a partnership between AAOIFI and Ernst & Young and subsequent changes to the accreditation process. Path voiced
concerns about the new process and its costs but pointed out that ‘what has been certified is certified’. In H2 2014, it gained a Shari’ah compliance certification for iMAL from Deloitte.
Some established systems, such as Misys’ Equation, have built up significant numbers of Shari’ah banking users. Suppliers of newer systems would also point to the flexibility of their offerings in retort. A fair amount of customisation can be done through parameters. Mohammed Kateeb, group chairman and CEO of Path, felt complexity is not inherent in Islamic banking per se, but that the problem arises when it is viewed through the lens of conventional banking. Islamic banking is ‘completely different’ and therefore requires a different approach. ‘Islamic finance is not just changes in terms and labels’. ‘It is different in the financial instruments and the way they are handled, the process and the documentation.’ The complexity, he argued, ‘comes from banks or technology vendors trying to force conventional IT solutions to handle Islamic finance by customising these conventional systems’. This, he added, results in a ‘cumbersome and unnatural way of handling Islamic finance’. The only solution for Kateeb was to build systems from the ground up (a common claim over the years from Path). However, Path is not the only vendor to believe this. ITS commenced re-building its original Islamic platform from scratch a few years ago. The old platform was effectively an Islamic workaround and, admitted Abdou, ‘we started to see the dilemmas in it and the chaos we created for ourselves’. Now, rather than offering preset parameters based on a customised and ever-changing version of a conventional system, the vendor’s newer Ethix platform incorporates four separate but interactive engines, covering the definition of instruments, new products, accounting, and workflow. ITS claims that the concept allows a banking client, and its advisory board, to define the entire Shari’ah process – and every attendant characteristic – from the ground up. This model ‘does not dictate to the bank what Shari’ah compliance is’, stated Abdou, adding that parameterisation may be done by the bank’s business people without resorting to IT. The ability to support the current desired Shari’ah banking product set and to support future offerings will be a key part of the selection process. In many ways, this is just the same as a bank looking for any other functionality. The requirements should be defined, with involvement from the business users, and embodied within the Request for Proposal (RFP), workshops and gap analysis. They should
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